HEDGE END, WEST END & BOTLEY Monday 15 June 2015 Case Officer Liz Harrison SITE: Botley Trunk Sewer, Botley, Southampton, Hampshire, Ref. F/15/76235 Received: 23/03/2015 (29/06/2015) APPLICANT: Mr Timothy Olliffe, Southern Water PROPOSAL: Construction of a 5km trunk sewer and associated works including new pumping station and pipe bridge. This application is subject to an Environmental Impact Assessment. AMENDMENTS: None RECOMMENDATION: Delegate to Head of Development Management for submission of additional/amended information and satisfactory completion of consultations: PERMIT CONDITIONS AND REASONS: (1) The development hereby permitted shall be implemented in accordance with the following plans numbered: A81945.1001 Rev F, A81945.1002 Rev F, A81945.1205 Rev E, A81945.1302 Rev E, MMD-324224-C-DR- 00-XX-0110 Rev P1, MMD-324224-C-DR-00-XX-0116 Rev P1, MMD- 324224-C-DR-00-XX-0117 Rev P1, MMD-324224-C-DR-00-XX-0118 Rev P1, MMD-324224-C-DR-00-XX-0119 Rev P1, MMD-324224-C-DR-00- XX-0120 Rev P3, MMD-324224-C-DR-00-XX-0121 Rev P4, MMD- 324224-C-DR-00-XX-0122 Rev P4, MMD-324224-C-DR-00-XX-0123 Rev P4, MMD-324224-C-DR-00-XX-0124 Rev P4, MMD-324224-C-DR-00- XX-0125 Rev P4, MMD-324224-C-DR-00-XX-0126 Rev P4, MMD- 324224-C-DR-00-XX-0127 Rev P4, MMD-324224-C-DR-00-XX-0128 Rev P4, MMD-324224-C-DR-00-XX-0129 Rev P4, MMD-324224-C-DR-00- XX-0130 Rev P4, MMD-324224-C-DR-00-XX-0150 Rev P2, MMD- 324224-C-DR-00-XX-0151 Rev P3, MMD-324224-C-DR-00-XX-0155 Rev P3, MMD-324224-C-DR-00-XX-0156 Rev P3. Reason: For the avoidance of doubt and in the interests of proper planning.
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HEDGE END, WEST END & BOTLEY Monday 15 June 2015 Case Officer Liz Harrison
PROPOSAL: Construction of a 5km trunk sewer and associated works including new pumping station and pipe bridge. This application is subject to an Environmental Impact Assessment.
AMENDMENTS: None
RECOMMENDATION:
Delegate to Head of Development Management for submission of additional/amended information and satisfactory completion of consultations:
PERMIT
CONDITIONS AND REASONS:
(1) The development hereby permitted shall be implemented in accordance with the following plans numbered: A81945.1001 Rev F, A81945.1002 Rev F, A81945.1205 Rev E, A81945.1302 Rev E, MMD-324224-C-DR-00-XX-0110 Rev P1, MMD-324224-C-DR-00-XX-0116 Rev P1, MMD-324224-C-DR-00-XX-0117 Rev P1, MMD-324224-C-DR-00-XX-0118 Rev P1, MMD-324224-C-DR-00-XX-0119 Rev P1, MMD-324224-C-DR-00-XX-0120 Rev P3, MMD-324224-C-DR-00-XX-0121 Rev P4, MMD-324224-C-DR-00-XX-0122 Rev P4, MMD-324224-C-DR-00-XX-0123 Rev P4, MMD-324224-C-DR-00-XX-0124 Rev P4, MMD-324224-C-DR-00-XX-0125 Rev P4, MMD-324224-C-DR-00-XX-0126 Rev P4, MMD-324224-C-DR-00-XX-0127 Rev P4, MMD-324224-C-DR-00-XX-0128 Rev P4, MMD-324224-C-DR-00-XX-0129 Rev P4, MMD-324224-C-DR-00-XX-0130 Rev P4, MMD-324224-C-DR-00-XX-0150 Rev P2, MMD-324224-C-DR-00-XX-0151 Rev P3, MMD-324224-C-DR-00-XX-0155 Rev P3, MMD-324224-C-DR-00-XX-0156 Rev P3.
Reason: For the avoidance of doubt and in the interests of proper planning.
(2) The development hereby permitted shall start no later than three years
from the date of this decision. Reason: To comply with Section 91 of the Town and Country Planning
Act 1990. (3) No development, including the clearance and pruning of trees shall
commence until a methodology, including timings, for the clearance or pruning of any trees and vegetation required in association with the development hereby approved has been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the agreed methodology.
Reason: To ensure the protection of wildlife and supporting habitats. (4) No development shall commence until the Local Planning Authority has
been informed of the date the works are to commence and have been provided with a phasing plan and timetable of the proposed works including details of the phasing of the works and any associated highway, footpath or bridleway closures. The works shall be carried out in accordance with the agreed methodology.
Reason: To enable the monitoring of the impact on the local area and transport network.
(5) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development of the new Waste Pumping Station site shall commence until a surface water drainage scheme for the Waste Pumping Station site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate that the surface water run-off generated up to and including the 1 in 100 year plus 20% critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall also include details of how the scheme will be maintained and managed after completion. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
Reason: To prevent the increased risk of flooding, both on and off-site. (6) Except for the clearance and pruning of trees and vegetation approved
under condition 3 all development in relation to the river crossings, including directional drilling, must take place between May 15th - October 31st [inclusive].
Reason: The River Hamble and its estuary are known to support migratory salmonids, namely Sea Trout. Sea Trout are protected by current fisheries and nature conservation legislation. Directional drilling and associated vibration has the potential to cause harm to migratory salmonids [smolts and eggs]. November to the beginning of May is the most sensitive time for salmonids. From November to March, adult fish
are spawning and from March to May, young smolts are travelling down the streams back out to sea.
(7) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall take place until a detailed method statement/ construction environmental management plan and materials management plan that is in accordance with the approach outlined in the Planning/Environmental Statement, has been submitted to and approved in writing by the Local Planning Authority. This shall deal with the treatment of any environmentally sensitive areas including watercourses, their aftercare and maintenance as well as a plan detailing the works to be carried out showing how the environment will be protected during the works. Such a scheme shall include details of the following:
• The timing of the works - to avoid damage to migratory salmonids and disturbance to SPA birds
• The measures to be used during the development in order to minimise environmental impact of the works [considering both potential disturbance and pollution]. This may require incorporation of temporary SuDS features conforming to guidance contained within CIRIA's "Control of water pollution from linear construction projects - Site Guide [C649D] - within the proximity of local, national and international designated sites, watercourses and drains"
• Details of how hydrological processes and water flows are to be maintained at current levels.
• An assessment of the risks associated with working near the underground fuel pipeline and provision of suitable mitigation measures.
• Consideration of water vole and otter presence and working practices to limit impact due to habitat fragmentation.
• Construction methods.• Details of site waste management.• Any necessary pollution protection methods.
The works shall be carried out in accordance with the approved method statement.
Reason: To ensure the protection of water feed to European designated sites wildlife and supporting habitat and secure opportunities for the enhancement of the nature conservation value of the site in line with national planning policy. Also, without this condition, the impact of a spill arising from this pipeline could cause deterioration of a quality element to a lower status class and/or prevent the recovery of and cause deterioration of a protected area Upper Hamble SSSI, Solent Maritime Ramsar and Solent and Southampton Water SAC because it may result in the release of priority hazardous substances namely Hydrocarbons. The East Hampshire river basin management plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies.
(8) Except for the clearance and pruning of trees and vegetation approved under condition 3, works between the south side of Pudbrook Lakes Stream and the Solent and Southampton Water SPA or Ramsar Site shall only be undertaken from 1st April to 30 September.
Reason: To ensure no adverse impact to foraging and roosting Brent geese.
(9) Prior to any works to a tree with medium or high bat potential, climbing,
endoscope and/or emergence surveys shall be undertaken in relation to that tree. If bats roosts are found then work must not continue until a mitigation strategy has been submitted to and agreed in writing by the Local Planning Authority and a licence has been obtained from Natural England. The works shall be carried out in accordance with the agreed strategy.
Reason: To ensure bat roosts are preserved or mitigated and no bat is harmed within the proposed works.
(10) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall take place until a badger mitigation strategy detailing measures to mitigate the loss of setts, woodland habitat and disruption of foraging corridors has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the agreed details.
Reason: To ensure badgers are appropriately protected and provided with shelter during the construction works.
(11) No percussive piling or works with heavy machinery [i.e. plant resulting in
a noise level in excess of 69dbA max - measured at the sensitive receptor] shall be undertaken during the bird overwintering period [i.e. October to March inclusive].
Reason: To ensure that the development will not impact upon the features of special interest for which the Upper Hamble Estuary and Woods SSSI is notified.
(12) All materials, equipment and machinery will be stored in a designated
compound within the curtilage of the development, the details of which shall be submitted to and agreed in writing by the Local Planning Authority. Works shall be carried out in accordance with the approved details.
Reason: To ensure that the development will not impact upon the features of special interest for which the Upper Hamble Estuary and Woods SSSI is notified.
(13) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall commence until a land reinstatement and landscape replacement and mitigation scheme and a habitat restoration and species mitigation, management and monitoring plan have been submitted to and approved in writing by the Local Planning Authority. The schemes shall include details of reinstatement of areas used for temporary compounds, back-filling of trenches, all hard
and soft landscaping, including trees and boundary treatments, and shall provide details of timings of reinstatement and mitigation works and any future maintenance, management and monitoring. The works shall be carried out in accordance with the approved plans.
Reason: In the interests of visual amenity of the locality, to safeguard the amenities of neighbouring residents and to preserve the character and appearance of the Conservation Area and the setting of the listed buildings. In addition the NPPF paragraph 109 recognises that the planning system should aim to conserve and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible. Paragraph 118 of the NPPF states that if significant harm resulting from a development cannot be avoided [through locating on an alternative site with less harmful impacts], adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused and that opportunities to incorporate biodiversity in and around developments should be encouraged.
(14) For a period of no less than 5 years after planting, any trees or plants
which are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of the same species, size and number as originally approved in the landscaping scheme.
Reason: In the interests of the visual amenities of the locality, to safeguard the amenities of neighbouring residents and to preserve the character and appearance of the Conservation Area and the setting of the listed buildings.
(15) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall start until a landscape management plan and maintenance schedule has been submitted to and approved in writing by the Local Planning Authority. The landscape shall thereafter be managed in accordance with the approved details.
Reason: In the interests of the visual amenities of the locality, to safeguard the amenities of neighbouring residents and to preserve the character and appearance of the Conservation Area and the setting of the listed buildings.
(16) Except for the clearance and pruning of trees and vegetation approved
under condition 3 and prior to commencement of development in each phase, as shown on the phasing plan submitted in accordance with condition 4, an Arboricultural Method Statement [AMS] and Tree Protection Plan [TPP] shall be submitted to and agreed in writing by the Local Planning Authority for each phase of construction. This Arboricultural Method Statement and Tree Protection Plan must be approved in writing by the Local Planning Authority before any equipment, materials or machinery are brought onto the site for the purposes of construction. The development shall be carried out in accordance with the agreed Arboricultural Method Statement and Tree Protection Plan.
Reason: To retain and protect the existing trees which form an important part of the amenity of the locality.
(17) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall commence until a pre-commencement site meeting has been held between the Tree Officer, appointed Arboricultural Consultant and Site Manager to confirm the protection of trees on and adjacent to the site in accordance with the AMS and TPP. The tree protection shall be positioned as shown on a finalised Tree Protection Plan, before any equipment, materials or machinery are brought onto the site for the purposes of the development. The tree protection shall be retained until the development is completed and nothing placed within the fencing, nor any ground levels be altered or excavations made without the written consent of the Local Planning Authority. This tree condition may only be fully discharged on completion of the development subject to satisfactory written evidence of monthly monitoring and compliance by the pre-appointed consulting arboriculturalist.
Reason: To retain and protect the existing trees which form an important part of the amenity of the locality.
(18) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no work shall start until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation and recording which has first been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that the archaeological interest of the historic building/site is properly safeguarded and recorded.
(19) Prior to construction traffic using Brook Lane a condition survey of the
highway and grass verges, including photographic evidence, shall be submitted to and approved in writing by the Local Planning Authority. Within one month of the cessation of construction traffic using Brook Lane a further condition survey of the highway and grass verges, including photographic evidence, together with a schedule of works to repair any damage shall be submitted to the Local Planning Authority for approval. The repairs to the highway and grass verges shall be carried out within 3 months of the repair schedule being agreed, and shall be carried out in accordance with the agreed scheme.
Reason: To ensure no permanent damage to Brook Lane from construction traffic.
(20) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall take place until detailed specifications of the nature, extent and duration of any excavation or other works on or adjacent to these rights of way have been submitted to and approved in writing by the Local Planning Authority, in consultation with HCC Countryside Service. Works shall be carried out in accordance with the agreed details.
Reason: To ensure that these public rights of way remain available and convenient for public use.
(21) A specification for the reinstatement of any public footpath, together with
a timetable for the proposed works, shall be submitted to the Local Planning Authority for approval within 1 month of the completion of any section of works affecting a public footpath. The approved works shall be carried out in within 3 months of the details being agreed in writing by the Local Planning Authority, in consultation with HCC, and shall be carried out in accordance with the agreed scheme.
Guidance on suitable surfaces can be found on the HCC website at http://www3.hants.gov.uk/countryside/countryside-design-standards.htm
Reason: To ensure that these public rights of way remain available and convenient for public use.
(22) No construction, demolition or deliveries shall take place during the
construction period except between the hours of 0800 to 1800 Mondays to Fridays or 0900 to 1300 on Saturdays and not at all on Sundays, Bank and Public Holidays, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the amenities of the occupiers of nearby dwellings. (23) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no work shall commence on site until the following has been submitted to, and approved in writing by the Local Planning Authority:
a] A report of Preliminary Investigation comprising a Desk Study, Conceptual Site Model, and Preliminary Risk Assessment documenting previous and existing land uses of the site and adjacent land in accordance with national guidance and as set out in Contaminated Land Report Nos. 11, CLR11, and BS 10175:2011and A1:2013 Investigation of potentially contaminated sites - Code of Practice, and, unless otherwise agreed with the Local Planning Authority,
b] A. report of a site investigation documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the Preliminary Investigation and in accordance with BS 10175:2011and A1:2013, and BS 8576:2013 and unless otherwise agreed with the Local Planning Authority
c] A detailed site specific scheme for remedial works and measures to be undertaken to avoid the risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring.
Such a scheme shall include nomination of a competent person to oversee the implementation of the works.
Reason: To minimise the risk from land contamination for public safety. (24) The development hereby permitted shall not be occupied / brought into
use until there has been submitted to the Local Planning Authority verification by the competent person approved under the provisions of condition 24[c] that any remediation scheme required and approved
under the provisions of condition 24[c] has been implemented fully in accordance with the approved details [unless varied with the written permission of the Local Planning Authority in advance of implementation].
Unless agreed in writing with the Local Planning Authority such verification shall comply with the guidance contained in CLR11 and EA Guidance for the Safe Development of Housing on Land Affected by Contamination - R&D Publication 66: 2008. Typically such a report would comprise:
a] A description of the site and its background, and summary of relevant site information,
b] A description of the remediation objectives and remedial works carried out
c] Verification data, including - data [sample locations/analytical results], as built drawings of the implemented scheme, photographs of the remediation works in progress, etc.
d] Certificates demonstrating that imported and / or material left in situ is free from contamination, gas / vapour membranes have been installed correctly
Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 24[c].
Reason: In minimise the risk from land contamination for public safety. (25) Any fixed plant or equipment serving the development shall be provided
with suitable acoustic attenuation, or sited at agreed locations, to mitigate the effects of noise [including vibration] as approved in writing by the Local Planning Authority prior to its use.
Reason: In the interests of residential amenity and to protect business interests.
(26) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall take place until a noise and vibration assessment of the construction activities has been carried out, and a scheme of works detailing the mitigation measures to control noise and vibration from the development, including piling, has been submitted to and approved in writing by the Local Planning Authority. [The scheme shall detail the mitigation measures for protecting existing and proposed dwellings and the Solent and Southampton Water SPA from noise and vibration, and as deemed necessary by the Local Planning Authority]. The assessment should have due regard to the advice and guidance contained in British Standard BS 5228-1:2009 and A1:2014, and BS 5228-2:2009 and A1:2014 "Noise And Vibration Control On Construction And Open Sites". Works shall be carried out in accordance with the approved details.
Reason: To protect European designated sites and the amenities of occupiers of any nearby premises and minimise the risk of vibration damage to neighbouring buildings.
(27) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall take place until the developer has carried out a dust assessment, and prepared a scheme of mitigation
to deal with dust from the site that adequately takes into account the impact of site preparation and construction works, on residential and business uses, and this has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail the mitigation measures for protecting residential and business uses from dust, and otherwise as deemed necessary by the Local Planning Authority. The assessment should have due regard to current advice and guidance. The works shall be carried out in accordance with the approved details.
Reason: To limit the impact the development has on the amenity of the locality.
(28) The burning of materials obtained by site clearance or from any other
source must not take place on this site without the prior written consent of the Local Planning Authority.
Reason: To protect the amenities of the occupiers of nearby properties. (29) Prior to the installation of the pipe bridge details of the colour the pipe
bridge is to be painted shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In the interests of the amenity of the area. (30) Except for the clearance and pruning of trees and vegetation approved
under condition 3, no development shall take place until the details of the arrangements for the routing/turning of construction traffic and deliveries, the loading/unloading of plant and materials and measures to prevent mud on the highway during construction have been submitted to and agreed in writing by the Local Planning Authority. Development shall be undertaken in accordance with the agreed details.
Reason: To limit the impact the development has on the amenity of the locality.
Note to Applicant: It is considered that, subject to compliance with the
conditions and any obligations attached to this permission, the proposed development is acceptable because it will not materially harm the character of the area, the amenity of neighbours or highway safety and it is in accordance with the policies and proposals of the development plan, comprising the Eastleigh Borough Local Plan Review 2001-2011, and after due regard to all other relevant material considerations including the National Planning Policy Framework and the Submitted Eastleigh Borough Local Plan 2011 - 2029, July 2014 the Submitted Local Plan comprising: the Revised Pre-submission Eastleigh Borough Local Plan 2011 - 2029, published February 2014; and the Schedule of Proposed Minor Changes, submitted to the Secretary of State in July 2014’, the local planning authority is of the opinion that permission should be granted.
The following development plan saved policies and emerging draft local plan policies are relevant to this decision and the conditions attached to it:
Hampshire Minerals and Waste Plan 2013 Policies 15 and 30.
Submitted Eastleigh Borough Local Plan 2011 - 2029, July 2014, the Submitted Local Plan, Policies S1, S5, S7, S8, S9, S11, S12, DM1, DM4, DM5, DM7, DM8, DM9, DM10, DM15, DM23, DM31, DM37, BO1, BO3
In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.
Under the Town and Country Planning England Regulations 2012, a fee is required for Discharge of Condition Applications. N.B. Conditions not fully discharged, invalidate the planning permission.
Note to Applicant: The permission does not authorise the undertaking of
any works involving excavations in the carriageway, footway or verge. A road opening permit must be obtained from Hampshire Highways, HCC call centre number 0845 6035633.
Note to applicant: The proposed pipeline route crosses three 'main river'
watercourses to the West and South of Botley. The proposed means of crossing is by using a directional drill technique for the Woodhouse and Pudbrook Lake watercourses and by the installation of a pipe bridge for the Hedge End Stream. All of these proposed crossings would require the prior written permission of the Environment Agency, under the terms of the Water Resources Act 1991, in the form of a Flood Defence Consent.
Note to Applicant: The discharge of any dewatering effluent during the
construction phase will require an Environmental Permit under the Environmental Permitting Regulations 2010, from the Environment Agency, unless an exemption applies. The applicant is advised to contact the Environment Agency on 08708 506 506 for further advice and to discuss the issues likely to be raised. You should be aware that the permit may not be granted. Additional ‘Environmental Permitting Guidance’ can be accessed via our main website: Environmental Permits
For further advice on consenting matters please contact Rob Waite, at
the Environment Agency, on telephone number 01794 834594. Note to Applicant: We advise that the applicant refers to Pollution
Prevention Guidance PPG 5 [Works in, near or liable to affect
watercourses] and PPG 6 [Working at construction and demolition sites] which are available from our website here: Pollution Prevention Guidance
In the event of a pollution incident, all works should cease immediately and the Environment Agency contacted on the incident hotline 0800 807060.
Note to applicant: All those involved with the works should be informed of
the status and legal obligations attached to the designations and where the boundary of the protected areas are to ensure that the development will not impact upon the features of special interest for which the Upper Hamble Estuary and Woods SSSI is notified.
Report:
This application has been referred to Committee because it is a major development which is controversial.
The site and its surroundings
1. The application is for the construction of a new sewer and associated works. The sewer is approximately 5km in length and the application site stretches from the site of the Boorley Green development in the north to the existing Brook Lane Wastewater Pumping Station in the south. The route proposed for the sewer is generally through fields and away from the built-up parts of Boorley Green and Botley. The route runs round the eastern edge of the Botley Park golf course and to the east of Boorley Green before heading in a south westerly direction crossing Maddoxford Lane, the railway line and then Winchester Street. It then wraps around the western edge of Botley, crosses Church Lane and heads south towards the existing Brook Lane Wastewater Pumping Station.
2. The application site comes within close proximity of 2 listed buildings (Brook Lane and Steeple Court, Church Lane) and a Historic Park and Garden (Holmesland). At the northern end of the route the site is within the Local Gap and to the south-east of Botley the route passes through the Botley Conservation Area. The route of the sewer also passes under the Botley Golf Course Site of Importance for Nature Conservation (SINC) and is located close to 13 other SINCs and the Upper Hamble Estuary and Woods Site of Special Scientific Interest (SSSI). In addition it is located within 30m of the River Hamble Estuary, which is part of the Solent Maritime Special Area of Conservation (SAC), the Solent and Southampton Water Special Protection Area (SPA) and the Solent and Southampton Water Ramsar. Furthermore to the south-east of Botley the site is within the Hamble River Corridor.
Description of application
3. The planning application has been submitted by Southern Water, in its capacity as a statutory undertaker. The application is for the following development: A new gravity sewer, approximately 5km in length, with
associated rising main, pipe bridge, manholes and valves. A new Wastewater Pumping Station located within the Boorley
Green development site. Temporary construction easement along the pipeline corridor 11 temporary site compounds and 3 temporary access tracks
4. The new sewer is needed to serve the Boorley Green development for 1400 dwellings, an extension to the existing hotel, plus new local centre, school and community and recreational facilities, granted outline planning permission under O/12/71514. It will feed into the existing Brook Lane wastewater pumping station and from there the wastewater will be transferred with existing flows to Peel Common Wastewater Treatment Works in Fareham.
5. The new sewer would be a polyethylene pipe with a diameter of between 315mm for the pumped rising main and 400mm for the gravity sections. It would be installed by a combination of open trenches (with a working width/easement of approximately 20m), directional drilling, an auger-bore and a new pipe bridge, adjacent to the existing one to the west of Church Lane. The trenchless techniques would be used under the majority of the roads that have to be crossed, underneath the railway and in environmentally sensitive areas. When laid in an open trench the trench will be approximately 800mm wide (wider where excavations are deeper) and the pipe will be located at a depth of between 2.5 and 5m. Where it is installed using directional drilling it will be at a depth of between 5.5m and 7.8m and when using an auger bore it will be at a depth of approximately 5.5m.
6. A new wastewater pumping station is also proposed within the area of the new Boorley Green development. The above ground equipment would consist of 2 control/equipment kiosks that would be 2m in height, a light post, aerial, bollards contained within a fenced enclosure measuring 13m x 19.15m.
7. 11 site compounds are proposed at various points along the route: At the site of the new wastewater pumping station within the
Boorley Green development site, Either side of Maddoxford Lane, Either side of Winchester Street, North of Broad Oak/High Street to the west of Holmesland Lane, East of Brook Lane to the south-west of Woodhill Preparatory
School
Either side of the pipe bridge to the north west of Church Lane. Approximately 190m south-east of Church Lane At the existing Brook Lane pumping station.
8. The compounds will be used for material delivery, launch and receiver pits where trenchless techniques are used, staff facilities and parking. The temporary compounds would be surrounded with an earth bund and a security fence and are likely to vary in size from 875m2 to 4719m2.
9. The 3 temporary access tracks would be located: To the west of the proposed wastewater pumping station at the
Boorley Green development To the south of Pudbrook Farm, leading from Brook Lane East of Church Lane
Access would also be gained via the existing Brook Lane wastewater pumping station.
10. It is anticipated that the construction process would last approximately 1 year.
11. The proposed works are considered to be EIA development and the application is supported by an Environmental Statement and Non-Technical Summary. In addition the following reports and technical assessments were submitted in support of the proposals and have been updated as necessary throughout the course of the application: Planning Statement Design & Access Statement Statement of Community Involvement Environmental Statement, including Non-Technical Summary Arboricultural Report Construction Method Statement Contaminated Land Risk Assessment Flood Risk Assessment Habitats Regulations Assessment (Screening Report) Protected Species Surveys Hedgerow Survey Report Water Framework Directive Report
12. Screening was also undertaken to establish whether a Habitats Regulations Assessment is required. It was concluded that, with the mitigation proposed and conditions to control impacts, no significant likely impacts on any European Designated sites would occur as a result of the development and a full HRA is not required.
Relevant planning history
13. The relevant planning history in relation to this site is as follows:
14. O/12/71514 - Outline application with all matters reserved (except for access) for the demolition of golf driving range shelter and groundsman's equipment store and the development of 1400 homes with access from Winchester Road and Maddoxford Lane (with upgrades to the Winchester Road/Woodhouse Lane Junction and approaches and Maypole Roundabout, construction of Sunday's Hill Bypass and approaches, extension to existing hotel (including new conference and leisure facilities, 44 no. new bedrooms and car parking), creation of new local centre (incorporating energy centre, pub, assisted living accommodation, retail and employment floorspace, including change of use of Braxells Farm House to employment), primary school, multi purpose community building, sports and open space facilities including play areas, allotments and Multi-Use Games Area, and changing facilities, together with construction of roads, footpaths (including diversion of Footpath No. 2) and cycle ways, and pumping stations – granted 28.11.13
15. R/14/74872 - Reserved matters pursuant to outline permission O/12/71514 for erection of sports pavilion play area and laying out of playing pitches together with access, landscaping, car parking, cycle parking and bin storage, diversion of public footpath no. 2 and sustainable urban drainage system with access from Maddoxford Lane – approved 31.10.14
Representations received
16. 11 letters of objection were received from adjoining residents and those living locally with concerns relating to:
Lack of public consultation. Proposals do not take into account increased capacity that would be
required for other developments in the area, including draft allocations. Adverse impact on the area in terms of traffic impact, pollution and
quality of life. Unacceptable disruption to residents. Access via Brook Lane has no speed limit and is used by pedestrians,
horse riders, cyclists and young families accessing Manor Farm. It is inadequate and unsuitable for HGV’s and damage will be caused to private driveways.
Increased congestion and rat-running, which will be dangerous on blind bend at junction of Brook Lane/Church Lane and track to wastewater pumping station.
Increase in fly tipping and crime. Concern re: route adjacent to Holmesland House and The Old Coach
House, Holmesland Lane. Should be located closer to existing pipeline and should not sterilise agricultural land or prevent its future development.
Should site pipe under existing roads to avoid crossing other people’s land.
Is only being built to serve new developments that are not wanted.
Visually intrusive over the railway line and will spoil views when walking along railway bridge and public footpaths.
Southern Water served notice on us on the basis that some of the proposed development will be on our land, but have written assurance from the applicant that no construction will need to take place on our land.
Consultation responses (some responses are summarised)
17. Head of Regeneration & Planning Policy – No objection.
18. Head of Countryside and Trees – Tree Officer – 26 individual trees, 6 groups and a small section of woodland would be lost. Of these the most prominent removals will be the Category A and B mature oaks and ashes on the golf course. These should be considered potential constraints on any development proposals and their removal should be a last resort in order to facilitate the development. A realignment of the sewer needs to be considered or further justification for the current route provided. Otherwise no objection subject to conditions.
19. Head of Countryside and Trees – Ecology Officer – Further/amended information required in relation to reptile surveys, contaminated land, additional use of trenchless techniques in close proximity of species rich hedgerows and potential relocation of compound at Brook Lane wastewater pumping station. Conditions required to cover other topics.
20. Head of Transportation and Engineering – Generally acceptable. However concerned about the use of Book Lane by HGV’s due to its single lane nature, overhanging trees and higher than anticipated levels of vehicle flow at certain times of year as it provides access to the rear parking areas of Manor Farm Country Park. EBC/HCC traffic management teams should be informed of start dates and interim phases. A before and after condition surveys with photographic evidence is required and adjacent grass verges left in same condition. Developers will need to liaise with HCC for any footpath closures/highway closures.
21. Head of Environmental Health – No objection subject to conditions.
22. HCC Highways –Content for EBC Transportation and Engineering to provide the highways response on this application.
23. HCC Minerals & Waste – No objection
24. HCC Countryside Planning – No objection subject to conditions. Note that works to install pipeline will involve excavations across Botley Footpath Nos. 2 and 11 and Botley Bridleway. No.6 and that these paths will need to be closed temporarily in order to carry out the work. Applicant should refer to guidance and information about processes for
implementing temporary closures and make arrangements to formalise closure well in advance of work commencing. Ask that the closure period be kept to a minimum to minimise the disruption and inconvenience to users of the rights of way network.
25. HCC Archaeology – No objection subject to condition(s).
26. HCC Ordinary Watercourse Consenting – The construction of this structure will cross a number of watercourses and though the conditions of the watercourse may be reinstated the temporary works may require Ordinary Watercouse Consent from HCC.
27. National Planning Casework Unit – No comments to make on this application.
28. Natural England – No objection in relation to issues concerning internationally and nationally designated sites, subject to conditions. It is LPAs responsibility to produce a Habitats Regulation Assessment (HRA). On the assumption that LPA will adopt HRA produced by the developer then agree with conclusion that the proposal can be screened out from further stages of assessment because significant effects are unlikely to occur, either alone, or in combination. Given nature and scope of proposal the Upper Hamble Estuary and Woods SSSI does not represent a constraint in determining application.
29. Environment Agency – No objection subject to conditions
30. Southern Water – No objection
31. Esso – No objection provided “Special Requirements for Safe Working” booklet and the covenants contained in the Deed of Grant are adhered to.
32. Southern Gas Networks – No response at time of writing.
33. Health & Safety Executive – No response at time of writing.
34. Network Rail – No objection nor further observations to make.
35. BT Open Reach – No response at time of writing.
36. Hampshire Gardens Trust – No response at time of writing.
37. Ramblers – Proposals affect 3 rights of way – Footpath No. 2 Botley, Bridleway No. 6 Botley and Footpath No.11 Botley. Will have an impact on recreation in this area and request a map of an alternative route to be signposted at both ends of affected sections whilst they are temporarily closed. Sewer is being laid under Footpath No.11 Botley and it is being used as an approach road to the works. This is a well-used path to Manor Farm Country Park and would hope that some of
the material brought in to make access could be left to make a better surface. When this path is not available for use an alternative route also needs to be signposted at the southern end of Footpath No. 10 Botley.
38. British Horse Society – No response at time of writing.
39. Botley Parish Council – No objection subject to following comments: Primary concern was about impact of traffic movements upon
local community. Limits on working hours welcomed but also requested that HGV
and heavy plant movements not permitted in Botley area during morning and evening rush hour periods, nor mid-afternoon during term times within 45 minutes either side of school closing times.
Cleaning points for vehicles should be provided for each site area to reduce mud on local roads.
Construction traffic should be prohibited from using Oatlands Road, Boorley Green.
40. Botley Parish Action Group – No response at time of writing.
41. Durley Parish Council - No response at time of writing.
42. Winchester City Council – No comment to make.
Policy context: designation applicable to site
Countryside Local Gap (in part) Conservation Area (in part)
National Planning Policy Framework
43. The NPPF states that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Paragraph 14 sets out a general presumption in favour of sustainable development and states that development proposals which accord with the development plan should be approved without delay. Where the development plan is absent, silent, or relevant policies are out-of-date planning permission should be granted unless the adverse impacts of the development would outweigh the benefits; or specific policies in the Framework indicate development should be restricted (paragraph 14). Local plan policies that do not accord with the NPPF are now deemed to be “out-of-date”. The NPPF requires that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In other words the closer the policies in the plan accord to the policies in the Framework, the greater the weight that may be given.
44. Three dimensions of sustainability given in paragraph 7 are to be sought jointly: economic (supporting economy and ensuring land availability); social (providing housing, creating high quality environment with accessible local services); and environmental (contributing to, protecting and enhancing natural, built and historic environment) whilst paragraph 10 advises that plans and decisions need to take local circumstances into account, so they respond to the different opportunities for achieving sustainable development in different areas.
45. Para.17 sets out 12 core planning principles that include: proactively drive and support sustainable economic development
to deliver the homes, infrastructure and thriving local places that the country needs. Every effort should be made to identify and then meet the housing and other development of an area and respond positively to wider opportunities needs.
always seeking to secure high quality design and a good standard of amenity for all existing occupiers of land.
contribute to conserving and enhancing the natural environment and reducing pollution.
conserve heritage assets in a manner appropriate to their significance.
46. Para.100 – Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk.
47. Para.103 – Ensure flood risk is not increased elsewhere.
48. Para.109 – Seeks to minimise impacts on biodiversity and protect unacceptable levels of soil, air, water or noise pollution and remediating contaminated land where appropriate.
49. Para.112 – Should take into account the economic and other benefits of the best and most versatile agricultural land.
50. Para.118 – Decisions should aim to conserve and enhance biodiversity. If significant harm cannot be avoided, mitigated or compensated for, then planning permission should be refused. If development is likely to have an adverse effect on a SSSI, an exception should only be made where the benefits clearly outweigh the impacts. Opportunities to incorporate biodiversity in and around development should be encouraged. Permission should be refused for proposals resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland unless the need for and benefits of development clearly outweigh the loss.
51. Para.120 – Decisions should ensure that sites are suitable for their new use taking into account ground conditions, any pollution from former activities and any pollution to general amenity.
52. Para.121 – Ensure sites are suitable for their new use in terms of ground conditions, land stability, etc.
53. Para.123 – Avoid, mitigate and reduce noise which gives rise to significant adverse impacts on health and quality of life.
54. Para.124 – Decisions should ensure that any new development in Air Quality Management Areas is consistent with the local air quality action plan.
55. Para.125 – Decision should limit the impact of light pollution on local amenity, intrinsically dark landscapes and nature conservation.
56. Para.128 – Where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment, and where necessary a field evaluation.
57. Para.132 – Substantial harm to or loss of a grade II listed building, park or garden should be exceptional.
58. Para.134 – where a development would lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal.
59. Para.144 - decisions should not normally permit other development proposals in mineral safeguarding areas where they might constrain potential future use for these purposes.
60. Para.192 – The right information is crucial to good decision-taking, particularly where formal assessments are required (such as EIA/HRA/FRA).
61. Para.196 indicates that planning law requires that planning applications are dealt with in accordance with the development plan unless material considerations indicate otherwise. The NPPF is such a material consideration.
62. Para.203 - LPAs should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations.
63. Para.204 – Obligations should only be sought where they are necessary, directly related, related fairly and reasonably in scale and kind to the development.
64. Para.216 - Decision-takers can give weight to relevant policies in emerging plans according to the stage of preparation, the extent to which there are unresolved objections to relevant policies and the
degree of consistency to the relevant policies in the emerging plan to the policies in the NPPF.
National Planning Practice Guidance
65. Where material, this guidance should be afforded weight in the consideration of planning applications.
66. Determining a planning application – To the extent that development plan policies are material, a decision must be taken in accordance with the development plan unless there are material considerations that indicate otherwise. Where the plan is absent, silent or out of date, an application must be determined in accordance with the presumption in favour of sustainable development.
67. Contamination – Local Planning Authorities need to be satisfied that they understand the contaminated condition of the site and that the development proposed is appropriate as a means of remediation and it has sufficient information to be confident that it will be able to grant permission in full at a later stage bearing in mind the need for the necessary remediation to be viable and practicable.
68. Natural Environment – Local Planning Authorities should take into consideration various publications when taking biodiversity into account and should look for net gains. Sufficient information should be sought through ecological surveys etc.
69. Water Supply, wastewater and water quality – adequate water and wastewater infrastructure is needed to support sustainable development. Conditions can be used to ensure adequate infrastructure.
70. Air quality – Local Planning Authorities should consider whether development would significantly affect traffic in the immediate vicinity of the proposed development site or further afield. Other matters to consider include whether the proposal would result in construction sites that would generate large HGV flows over a period of a year or more. Air Quality Assessments should be proportionate to the nature and scale of development proposed and the level of concern about air quality, and are likely to be locationally specific.
71. Conserving and enhancing the historic environment – Heritage assets may be affected by direct physical or by change in their setting. A thorough assessment of the impact on setting needs to take into account, and be proportionate to, the significance of the heritage asset under consideration and the degree to which proposed changes enhance or detract from that significance and the ability to appreciate it.
72. Environmental Impact Assessment – The Environmental Statement (ES), together with any other information which is relevant to the decision, comments and representations made on it, must be taken into account by the decision maker. Mitigation measures proposed in the ES can be secured via condition or planning obligation.
Saved Policies of the Adopted Eastleigh Borough Local Plan Review (EBLP 2001-2011)
73. The key policies of the adopted local plan are: 1.CO - seeks to limit development in the countryside to a range
of appropriate uses 3.CO – seeks to limit development in the local gap to that which
cannot be located elsewhere and would not physically or visually diminish the gap
18.CO – seeks to limit development which has an adverse effect on the character of the landscape.
19.CO – seeks to limit the loss of, or damage to locally important features in the landscape, such as water courses, ponds and lakes.
22.NC – seeks to limit the impact on a Site of Special Scientific Interest (SSSI)
23.NC – seeks to limit the impact on a Site of Importance for Nature Conservation (SINC).
25.NC – seeks to limit impact on habitat or feature of importance for wild flora and fauna.
26.NC – promotion of biodiversity 29.ES – seeks to protect noise-sensitive properties from
excessive increase in noise and/or vibration exposure. 32.ES – seeks to control air, land and water pollution 33.ES – requires an air quality assessment 34.ES – requires contribution to reduction in levels of carbon
dioxide and other greenhouse gases 35.ES – need to demonstrate that any contaminated land can be
remediated and risk of pollution of controlled waters is minimised.
36.ES – seeks to limit impact of lighting 39.ES – seeks to limit the impact on river corridors 43.ES – seeks protection from flooding 45.ES – Sustainable Drainage requirements 59.BE - seeks to ensure the high quality design of new
development, taking full and proper account of the context of the site including the character and appearance of the locality
60.BE – seeks to ensure high quality design, materials and landscaping along road and rail corridors
91.T – safeguards land for major transport schemes, including Botley Bypass
102.T – Requires new development to provide safe accesses that do not have adverse environmental implications and are to adoptable standard.
145.OS – seeks to protect existing public open space and sports facilities
162.TA – seeks to prevent harm to the provision and enhancement of the Strawberry Trail
166.LB – seeks to protect scheduled ancient monuments or other nationally important monuments
167.LB – seeks to protect non-scheduled sites of archaeological significance
168.LB – requires archaeological evaluation 169.LB – seeks to preserve or enhance Conservation Area 171.LB – seeks to preserve important townscape or landscape
features within the Conservation Area 174.LB – seeks to protect listed buildings and their settings 177.LB – seeks to protect the character, appearance and
features or setting of an historic park or garden 190.IN – Infrastructure provision 191.IN – Developer contributions towards infrastructure,
services, facilities and amenities
The Hampshire Minerals and Waste Plan 2013
74. The key policies of the Hampshire Minerals and Waste Plan are: Policy 15 – Safeguarding mineral resources Policy 30 – Construction, demolition and excavation waste
development
Submission Eastleigh Borough Local Plan 2011-2029
75. The Eastleigh Borough Local Plan 2011-2029 was submitted for examination in July 2014. In December 2014, the Planning Inspector issued his preliminary conclusions on housing need, housing supply and economic growth and on 11 February 2015 his final report which recommended non-adoption as a result of the unsoundness identified to date. The findings of the Inspector in relation to the borough’s housing requirements clearly undermine the Plan’s strategy and policies for guiding future development. The other proposed allocations and ‘Development Management’ policies remain untested.
76. Overall, the weight that can be attributed to the policies of the Eastleigh Borough Local Plan 2011-2029 is extremely limited. Nevertheless it represents the most recent statement of the Council’s development strategy for the borough and as such will be used so far as possible to guide new development proposals. The most relevant policies are: S1 – Sustainable development S5 – Green infrastructure S7 – Transport infrastructure
S8 – Strategic footpath, cycleway and bridleway links S9 – Countryside and countryside gaps S11 – Nature conservation S12 – Heritage assets DM1 – General criteria for new development DM4 – Flood risk assessment DM5 – Sustainable surface water management DM7 – Pollution DM8 – Public utilities and communications DM9 – Nature Conservation DM10 – Heritage Assets DM15 – Protection of the best and most valuable agricultural
land DM23 – Transport – general development criteria DM31 – Protection of recreation and open space facilities DM37 – Funding infrastructure BO1 – Land north and east of Boorley Green BO3 – Botley Bypass
77. The above policies and guidance combine to form the criteria on which this application will be assessed.
Assessment of proposal: Development plan and / or legislative background
78. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states: “If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”.
79. The development plan in this case comprises the saved policies of the Eastleigh Borough Local Plan Review 2001-2011, and the Hampshire Minerals and Waste Plan (adopted October 2013). The Submitted Eastleigh Local Plan 2011-2029 (comprising: the Revised Pre-submission Eastleigh Borough Local Plan 2011 - 2029, published February 2014; and the Schedule of Proposed Minor Changes) was submitted to the Secretary of State in July 2014 and, following examination hearings in November 2014, the Inspector issued his final report on 11 February 2015. The final report recommended non-adoption on the basis of the plan being unsound. It can therefore be
considered to have extremely limited weight in the determination of this application
80. In terms of “other material planning considerations”, the National Planning Policy Framework and Guidance constitute material considerations of significant weight.
The Principle of Development
81. The proposed development is for the installation of a new trunk sewer approximately 5km in length, together with a new pumping station, pipe bridge, temporary construction compounds and temporary access tracks. The works are located within the countryside where development is restricted under policy 1.CO. Sub-section iii) sets out that development that is essential for the provision of a public utility service and cannot be located within the urban edge is acceptable in principle, provided it meets the criteria in the other policies of the plan.
82. As stated above the new sewer is proposed to serve the new development of 1400 dwellings, an extension to the existing hotel, plus new local centre, school and community and recreational facilities at Boorley Green, which were granted outline planning permission in November 2013. The extent of the new infrastructure required is such that it needs to extend beyond the urban edge, although the proposed new pumping station will ultimately be located within the Boorley Green development site. As such it is considered that the proposed development is acceptable in principle, subject to compliance with the other relevant policies and legislation.
Sustainable Development
83. In paragraphs 7, 8, and 14 the NPPF sets out a presumption in favour of sustainable development, indicating that it has an economic, a social and an environmental role. These roles should not be undertaken in isolation as they are mutually dependent and therefore the application is assessed against all three headings.
Economic Sustainability
84. One of the core planning principles of the NPPF (paragraph 17) is to proactively drive and support sustainable economic development to deliver, amongst other things, the homes, businesses , industrial units and infrastructure that the country needs. The installation of the sewer would provide the infrastructure necessary to support the development of 1400 dwellings, an extension to the existing hotel, new local centre, school and community and recreational facilities at Boorley Green, which is a key part of the Council’s strategy for growth.
85. In addition the construction of the sewer is likely to provide employment for up to 24 full time staff.
86. It is considered therefore that the proposed development is economically sustainable.
Social Sustainability
87. As indicated above the proposed sewer would provide essential infrastructure for the new Boorley Green development, which cannot rely on the existing sewer network in the locality. This would enable the future residents and occupiers to be provided with the necessary facilities and ensure that existing residents in Boorley Green are not adversely affected by the foul water drainage requirements of the new development.
88. As such it is considered that the proposed development is socially sustainable.
Environmental Sustainability
89. The environmental sustainability of this proposal is a key consideration. The size and location of the application site is such that it has potential to impact on a number of environmental factors, including: Land within the countryside and local gap Best and most versatile agricultural land Nature conservation interests Heritage assets Trees and landscaping Air quality management areas
These are discussed in turn below.
Land within the countryside and local gap90. As set out above the application site is located within the countryside
and policy 1.CO includes provision for such works in principle. Policy 3.CO seeks to protect the designated local gap from development that cannot be located elsewhere and would not diminish the gap, physically or visually. A number of alternative routes were considered for the proposed pipeline all of which would go through or alongside the local gap. However with the exception of the new pumping station the proposed works would not have a permanent, above ground impact on the surrounding countryside or local gap, provided appropriate reinstatement of the land and replacement landscaping is secured. The proposed pumping station at the northern end of the application site would ultimately be sited within the Boorley Green development area, rather than the open countryside. It is considered therefore that the proposed works would have only have a temporary impact on the local countryside and gap for which there is sufficient justification.
Best and most versatile agricultural land91. Local plan policy 4.CO seeking to protect the best and most versatile
agricultural land is not a saved policy. However at paragraph 112 the NPPF states that local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. The supporting documents state that the majority of the land has been classified as Grade 2 or 3b agricultural land. While Grade 2 land comes within the definition of best and most versatile agricultural land, the majority of the land will be reinstated once the development is complete, therefore provided appropriate reinstatement of the land is secured there will be no significant permanent loss of best and most versatile agricultural land.
Nature conservation interestsInternationally and designated sites
92. The site would be within 30m of the River Hamble Estuary, which is part of the Solent Maritime Special Area of Conservation SAC), the Solent and Southampton Water Special Protection Area (SPA) and the Solent and Southampton Water Ramsar Site. To the south-east of Botley the site is within the Hamble River Corridor.
93. In accordance with the Habitats Regulations the proposal has been screened to establish whether a Habitats Regulations Assessment (HRA) is required. With the mitigation proposed and the use of appropriate conditions it was concluded that there would be no significant likely impact, either alone or in-combination, on any European Designated site. As such a full HRA is not required.
94. Conditions would be required in relation to timing of works, the production of a Construction Environmental Management Plan (CEMP) and Materials Management Plan and submission of details of the sustainable drainage system.
Nationally designated sites95. The route of the proposed sewer would be in close proximity to the
Upper Hamble Estuary and Woods Site of Special Scientific Interest (SSSI). It is considered that provided the works are carried out in accordance with the details submitted as part of the application (which can be secured by condition where necessary), then there would be no adverse effect on the SSSI.
Protected Species96. Water vole and otter surveys were carried out but found no evidence of
the species, despite records showing their presence on previous occasions. It is considered therefore that details of possible avoidance and mitigation measures should be included in the CEMP, in case they are found during construction. Similarly due to the transitory nature of bats any trees to be felled will need to be check again before felling.
97. Part of a badger sett and an outlier sett would be lost during construction and further work on the proposed mitigation strategy is required, so a condition has been suggested to secure this.
98. Given the habitat within the application site, the application documentation assumed that reptiles would be present. However the Ecology officer has requested survey work is carried out prior to the determination of the application so that an appropriate mitigation strategy can be drawn up to reflect the population size and habitat availability.
99. The Brook Lane compound is proposed to be sited adjacent to the Pudbrook Lake Stream and there is concern that the excavation could cause impacts to the stream, which is a tributary of the River Hamble and known to support otters. Consideration needs to be given as to whether this compound can be located away from the stream to minimise its impact.
Local Sites100. The route of the proposed sewer crosses the Botley Golf Course Site
of Importance for Nature Conservation (SINC) and would be located in close proximity of 13 other SINCs. The sewer will be installed using directional drilling under the Botley Golf Course SINC and would not touch the other SINCs. As such it is considered that there would be no adverse impact on any of the local SINCs.
Woodland, trees and hedgerows101. Ecology are content that the proposed works would not impact on
woodland habitat that is contiguous with the Upper Hamble Estuary and Woods SSSI.
102. There is some concern about the resultant gaps in 4 species rich hedgerows that would occur with the proposed use of a standard trench installation in these locations. Further consideration needs to be given to the improved preservation of these hedgerows. A meeting has been arranged to discuss this with the applicant and Members will be updated at committee.
Ancient Woodland103. There are no ancient woodland blocks along the route of the proposed
sewer.
Consultations104. Natural England and the Environment Agency have been consulted on
this application and have raised no objection to the proposal subject to conditions being attached to any permission. Ecology have requested additional reptile surveys be undertaken; consideration be given to the use of trenchless techniques or improved mitigation in relation to impact on hedgerows and consideration be given to the re-siting of the Brook Lane compound. Other matters can be satisfactorily addressed
by conditions. If the outstanding matters can be satisfactorily resolved the proposals would be in line with legislation, the relevant sections of the NPPF and local plan policies 22.NC, 23.NC and 25.NC.
Heritage Assets105. The proposed route of the sewer runs through the Botley Conservation
Area in part and in close proximity to two Grade II listed buildings, such that the impact on their setting needs to be considered. In addition there is some known but limited archaeological evidence along the proposed line of the sewer.
Conservation Area & Listed Buildings106. The impact on the Conservation Area and the setting of the listed
buildings relates to the reinstatement of the land and landscaping after completion of the construction and the visual appearance of the proposed pipe bridge to the east of Church Lane. Subject to the works being carried out as indicated in the application and a suitable replacement planting scheme being secured then it is considered that the proposed development would preserve the setting of the Conservation Area and listed buildings.
Archaeology107. Where the route follows the edge of the stream/valley it has a high
potential to encounter archaeological remains which are as yet unrecorded, including a high potential for early prehistoric sites. This should be addressed by preliminary archaeological survey and, subject to identifying as yet unrecorded archaeological sites, the impact of the proposed sewer on those remains should be appropriately mitigated. It is not considered that the archaeological remains are likely to prove over riding to the scheme and therefore the survey work is not required prior to the determination of the application and can be secured by condition. Subject to such a condition the application would be in accordance with local plan policies LB.167 and LB.168.
108. The route comes within 370m of the Fairthorne Ancient Scheduled Monument but as it is located on the opposite side of the River Hamble it is not considered that the proposal would have an adverse impact on it.
Trees and landscaping109. The Arboricultural Report submitted with the application surveyed 210
individual trees, 29 groups of trees and 6 woodlands. A number of the trees are located within the Botley Conservation Area or are covered by Tree Preservation Orders. The proposed works would result in the loss of 26 individual trees, 6 groups of trees and a small section of woodland. Of these removals:
3 individual trees were rated Category A (trees of high quality), all of which are located on the golf course.
12 individual trees, 4 hedgerows and a section of woodland were rated Category B (trees of moderate quality).
8 individual trees, 6 groups of trees and 7 hedgerows were rated Category C (trees of low quality).
3 trees were rated Category U (trees for removal on arboricultural ground)
110. Of these trees the most prominent removals will be of the 3 large Category A and 5 x Category B mature oaks and ashes on the golf course area. It is generally accepted that Category A (high quality) and Category B (moderate quality) trees are considered potential constraints on any development proposal and their removal should be only be a last resort in order to facilitate the development proposal. The Tree Officer has therefore requested a realignment of the sewer to enable the retention of these category A and B trees on the golf course be considered, or further justification for the proposed route. Members will be updated at committee. However, the majority of removals across the whole survey area are smaller, less prominent, trees, groups and hedgerows that could be easily replaced after construction is completed.
111. It is recognised that the loss of the trees and hedgerows would alter the appearance of the surrounding area. However for the majority of the removals appropriate mitigation can be provided in the form of replacement planting, and given the need for this major infrastructure it is considered that the loss of the trees that cannot be easily replaced is warranted. Conditions can be attached to any permission that may be granted to ensure replacement planting is provided and that appropriate tree protection measures are in place during construction.
Air Quality Management112. The route of the proposed sewer would cross the A334 at Broad Oak,
Botley which is situated within the Air Quality Management Area. There is potential for the construction phase to have an impact on air quality in terms of dust and emissions from machinery, plant and construction traffic. An assessment of the air quality is included in the Environmental Statement that supported the application and the application also states that a Construction Environmental Management Plan could identify appropriate mitigation measures to ensure that there would be no significant effects.
113. Environmental Health was consulted on the application and has raised no objection subject to conditions being attached to any permission granted.
Conclusion on Environmental Sustainability114. Subject to the submission of additional information, a change in
installation technique in places and completion of consultations it is considered that the proposed development would be environmentally
sustainable, provided the various conditions referred to above were attached to any permission granted.
Minerals and Waste
115. The application site lies within a Minerals Safeguarding Area protected by policy 15 of the Hampshire Minerals and Waste Plan. Hampshire County Council have been consulted on the application and confirmed that mineral exploratory data shows the existing mineral deposits are potentially unviable based on the depth and composition of the mineral in relation to the proposed works. They do not therefore recommend the need for prior extraction or incidental recovery of minerals.
116. A site waste management plan outlining how construction waste will be managed to meet the requirements of policy 30 of the Hampshire Minerals and Waste Plan can be conditioned.
Highways impact
117. The application includes a number of working compounds and the following 3 temporary access tracks: To the west of the proposed wastewater pumping station at the
Boorley Green development To the south of Pudbrook Farm, leading from Brook Lane East of Church Lane
118. In addition access would also be gained via the existing Brook Lane Wastewater Pumping Station.
119. The supporting documentation estimates that there would be a maximum of 10 HGV movements to site a day, not including the movement of plant along the working strip. When haul roads need to be constructed, and aggregates are required, HGV movements would temporarily increase to 25 a day.
120. Transportation and Engineering have been consulted on the application and concluded that there would be minimal inconvenience to other road users and local residents. However due to the fact that parts of the route can only be accessed by single width rural lanes, or will require footpath/highway closures they have requested that notification be given to EBC and HCC of the proposed phasing of works. In addition they have requested that a before and after condition survey of Brook Lane be undertaken and the grass verges be returned to their original condition.
121. Hampshire County Council Highways have confirmed that they are content for EBC Transportation and Engineering to provide the highways response on this application.
Residential Amenity
122. The proposed route of the sewer has been chosen to avoid residential gardens in the most part and to predominantly run through open fields. Compensation is available from Southern Water for those whose land is being used, but this is a private matter outside of the planning process. As such the main impact on residential amenity will be the noise and disturbance from construction works. It is anticipated that construction would take approximately one year and would move along the line of the proposed works. It would not therefore be occurring in any one position for the full construction period. It is considered that with appropriate working hours secured by condition, plus other conditions relating to noise and vibration, there would not be a significantly detrimental impact on residential amenities, in accordance with 29.ES.
123. Environmental Health was consulted on the application and has raised no objection subject to conditions being attached to any permission granted.
Drainage and Flood Risk
124. The proposed Boorley Green development would increase flows to the public sewerage system and without additional infrastructure, existing properties and land may be subject to a greater risk of flooding. The proposed sewer is the additional infrastructure needed to serve the new Boorley Green development.
125. The route of the sewer is located mainly within Flood Zone 1 (low risk of flooding) but there are also some elements that are located within Flood Zone 3 (high risk of flooding). The new wastewater pumping station that would be located as part of the Boorley Green development would be located within Flood Zone 1 and therefore is not considered to be at risk of fluvial flooding. Where other parts of the route would be within Flood Zone 3, most of the works would be underground. Above ground elements, such as manhole covers and the pipe bridge, can be constructed accordingly, with the pipe bridge being nearly 5m above the estimated peak 1 in 100 year flood level.
126. There are a number of locations where the pipeline route is shown to be at risk from surface water flooding. However in these locations the only above ground elements of the proposed development shown to be at risk are the temporary construction compound to the east of Boorley Green and 2 manhole covers, therefore they can be constructed accordingly.
127. The Flood Risk Assessment submitted with the application also demonstrated that the development would not increase the risk of flooding elsewhere.
128. The Environment Agency and Southern Water were consulted on the application and raised no objection subject to conditions. It is considered that the proposed development would be in accordance with local plan policy 43.ES.
Contaminated Land
129. The application was supported by a Contaminated Land Risk Assessment. There is the potential for the construction works to lead to pollution but the application states that subject to adequate investigation and mitigation plus compliance with a Construction Environmental Management Plan (CEMP) and Materials Management Plan any risk to controlled waters or human health would be prevented.
130. Environmental Health was consulted on the application and has raised no objection subject to conditions being attached to any permission granted.
Other material considerations
131. Also of relevance is the Submitted Eastleigh Borough Local Plan 2011 - 2029, July 2014. While not yet adopted it does carry weight by virtue of being intended as the current local plan’s replacement. With regards to this application, the new policies essentially echo those of the current plan and are not considered to affect the recommendation put forward.
Conclusion
132. Subject to the submission of additional/amended information and satisfactory completion of consultations it is considered that the proposed development would not have any significantly detrimental impacts and permission should be granted subject to the conditions listed above.
